If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
It could, if it actually had the vast public health powers that the Biden administration claims it does.
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Repealing the law that allowed America to depose Saddam Hussein won't stop us from waging war elsewhere.
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
The resolution is part of a broader movement to rein in executive power during emergencies.
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
This is the conclusion of the Yale Journal on Regulation symposium about the book.
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
The new order is similar to the old, but includes an extensive section defending the measure on public health grounds.
Stanford University's Terry Moe and the Cato Institute's Gene Healy debate giving fast-track authority to U.S. presidents.
A Soho Forum debate on expanding or restricting presidential powers.
I argue that the recent air strike was legal, but overall US military intervention in Syria still lacks required congressional authorization. Biden may be trying to change that; but history gives reason for skepticism.
This initiative might help restore congressional control over war authorization. But there is reason for skepticism that it will pan out.
The strike was probably legal (as were similar small-scale strikes by Trump). But there are serious constitutional problems with the overall US military presence in Syria.
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
Under a bill the two senators reintroduced on Friday, all presidential emergency declarations would expire after 72 hours unless Congress votes to allow them to continue.
This action brings to an end a period when the US was more closed off to legal immigration than at any other time in the nation's history.
A 2000 OLC memo suggests the answer is "yes."
Presidents aren't saints. They aren't monarchs. They aren't celebrities. And they aren't your friends.
If the refusal of lawmakers to enact a president's policies is justification for unilateral executive action, then a slide toward elective monarchy is inevitable.
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Plus: Columbia University neuroscientist defends heroin use, Cuomo plan would still criminalize growing or delivering marijuana, and more...
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.
The president acknowledges that there are limits to executive power, even during a public health emergency.
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
In a Thursday afternoon announcement, Speaker of the House Nancy Pelosi (D–Calif.) said Trump committed "an act of sedition" by inciting a riot on Wednesday afternoon.
I supported the previous impeachment of Trump, and would be happy to see him impeached and convicted now. But before proceeding, we should carefully consider how effective a new impeachment effort is likely to be.
The 45th president busted norms left and right. But the abuse of executive power didn't start and won't end with him.
This would prevent repetition of some of the shenanigans Trump has used to divert funds for his border wall project.
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
President Trump's use of the pardon power confirms Anti-Federalist fears more than did his predecessors'.
Politics ruining your holidays? Now you can pay for the privilege.
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Plus: House OKs bloated $1.4 trillion spending package, new Amash bills aim to protect asylum seekers and immigrant detainees, and more...
Current law can allow the president to route around Congress indefinitely.
A pardon is something granted, like a gift, and it is presumed one cannot grant something to themselves.
A "self-pardon" might bring about exactly the prosecution it seeks to avoid.
President Trump pardoned a turkey and an agent of Turkey. Will he give himself a lame duck pardon next?
Also: Thanksgiving tips and reasons for gratitude, from The Reason Roundtable
If Trump isn’t interested, maybe the Biden administration could get started with a few acts of mercy.
"It's time that we start thinking about reining in the powers that we've let slip to this institution," says the Cato Institute's Gene Healy.
Trump claimed the power to issue a national eviction moratorium during COVID. Could that pave the way for the mask mandates Biden clearly wants?